REGINA v POOLE [2006] NSWCCA 93
The absence of fresh telephone evidence and the Crown's unfair change in approach to the factory records created a significant possibility that a reasonable jury would have acquitted; the manner in which the lost records/evidence and change in the Crown's case were handled undermined trial fairness, justifying quashing of convictions and a new trial.
- Jurisdiction
- Australia
- Judgment Date
- 03 April 2006
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal allowed; new trial ordered in respect of all convictions.
- Legal Topics
- ['appeal Against Conviction' 'fresh Evidence' 'admissibility of Evidence' 'directions to Jury' 'change in Crown Case' 'delay in Complaint']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 ['Whether fresh evidence should be admitted on appeal' 'Whether change in Crown case regarding reliability of records was unfair' "Whether adequate warning (Longman direction) was given regarding delay's impact on defence" 'Whether particulars of dates were of the essence of the charges']
Ratio Decidendi
The absence of fresh telephone evidence and the Crown's unfair change in approach to the factory records created a significant possibility that a reasonable jury would have acquitted; the manner in which the lost records/evidence and change in the Crown's case were handled undermined trial fairness, justifying quashing of convictions and a new trial.
Court Disposition
Appeal allowed; new trial ordered in respect of all convictions.
Orders
- ['Appeal allowed' 'Convictions quashed' 'New trial ordered on all counts']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment